Ex-Kansas Lawmaker Sees Covid Relief Fraud Convictions Affirmed

Former Kansas state representative Michael Capps (R) lost an appeal of his 2022 convictions for a dozen offenses related to Covid-19 relief fraud,when the Tenth Circuit on Tuesday rejected his argument that the jury wasn’t properly instructed.

Capps had argued that the district court reversibly erred by reading the jury instructions only at the outset of the presentation of evidence, without rereading them after the close of evidence. But because he failed to preserve the argument by properly objecting at trial, he could only win under plain-error review, and there was no plain error here, the US Court of Appeals ...